Anticipatory bail can be granted when the applicant is not named in the FIR and no overt act is attributed to them, considering the nature of accusation and necessity for custodial interrogation.

ORDER :

RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.

1. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11216010240369 of 2024 registered with Pethapur Police Station, District Gandhinagar for the offences punishable under Sections 115(2), 352, 351(3), 189(2), 190, 191(2), 191(3) and 324(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “ BNS ”) and section 135 of the Gujarat Police Act.

2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and the applicant is not even named in the FIR and was not present at the scene of offence. The alleged incident took place with the driver namely Bhupatji Thakor of the present applicant and merely because the applicant is the owner of Eicher vehicle involved in the offence, applicant is implicated as accused though he has not made any assault and no any overt act is attributed to the applicant. It is alleged that alongwith accused No.1 other around 10 co-accused gathered and they assaulted the complainant with dead weapons like sword, sticks and iron pipe and caused damaged to the vehicles of the complainant. In this regard, the complaint is filed. Further, prior to the present offence, one complaint as regards damaged caused to the vehicles of the complainant was filed by the driver of the present applicant and as a counter blast, present FIR is filed. Whatever allegation of assault to Mukeshbhai Bharwad is against accused No.1. The applicant is not having any past antecedent and now nothing remains to be recovered or discovered from the present applicant and therefore, custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

3. Learned Additional Public Prosecutor appearing on behalf of the respondent – State has opposed grant of anticipatory bail on the ground that applicant is the owner of the Eicher vehicle and the alleged incident took place with the driver and in connection of the same earlier one complaint was filed and keeping grudge of the same, accused persons gathered with deadly weapons and assaulted the complainant and hence, prima facie involvement of the applicant is there and therefore, custodial interrogation of the applicant is required and hence, he has requested to dismiss the present application.

4. Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon’ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided. I have considered the following aspects.

(1) Offence is not punishable with life imprisonment or death penalty;

(2) It appears that prior to registration of FIR, one complaint is filed at the instance of driver of the applicant on 29.07.2024 alleging assault by present complainant’s side